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11 August 2020

The Paris Court of Appeals confirms that COVID-19 is to be considered as a force majeure event

On July 28, 2020, the Paris Court of Appeals ruled on the dispute between EDF and Total Direct Energie concerning the suspension by Total Direct Energie of the framework agreement for the purchase of nuclear electricity that they had entered into, due to the Covid-19 pandemic.

The Court of Appeals upheld the interim order issued by the Paris Commercial Court on May 20, 2020 and found that the Covid-19 pandemic constituted a force majeure event justifying the suspension by Total Direct Energie of the framework agreement as soon as this event occurred.

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6 August 2020

Employees’ freedom of religion and ban on wearing a beard

Does an employer who dismisses for serious misconduct an employee working as security consultant for a company providing security and defense services to governments, international non-governmental organizations or private companies, accusing him of wearing a beard that is “trimmed in a way that is intentionally meaningful in both religious and political terms”, infringe said employee’s freedom of religion?

The Cour de Cassation (French Supreme Court) was asked to address this issue and has expanded existing case-law in this area, by issuing on July 8, 2020 a ruling on the fundamental rights and freedoms of employees in the workplace. The Labor Chamber of the Cour de Cassation specifically considered that dismissal for serious misconduct based on such a ground was discriminatory.

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1 July 2020

COVID-19: Legal issues, considerations and tips as of July1, 2020

The COVID-19 pandemic affect billions of people worldwide and has an increasingly devastating impact on the economy.

Companies are facing new challenges and the need for practical legal advice is more important than ever. Legal concerns relate to health restrictions, corporate governance, contracts, business transactions, insurance, insolvency and others.

In order to best assist our clients in these difficult times, we have prepared a summary of the main issues that businesses may face as a result of COVID-19.

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30 June 2020

Private equity in France: Preferred structures and protection mechanisms available to investors

In the unprecedented context of the health crisis created by the COVID-19 pandemic, private equity transactions slowed down sharply. Many funds have opted for a strategy aimed at focusing on their existing investment portfolio and supporting their investments to meet increased cash flow requirements.

This crisis also provides an opportunity to take a look back at a particularly dynamic year in 2019 for the French private equity investment market and to identify trends, both in terms of the investment methods hitherto favored by investors and in terms of the protection afforded to investors.

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19 June 2020

Covid-19 – Criminal liability of employers: A real mitigation or a simple reminder of the principle of individualization of penalties?

On May 11, 2020, the state of health emergency was extended through the adoption of Law No. 2020-546 which supplemented existing provisions. One of the purposes of this legislation is to mitigate the employer’s liability in the event of infection or exposure to infection by the Covid-19.

Indeed, many companies had to continue operating since the outbreak of the crisis, thereby exposing employees to the risk of infection. In the event of infection of one of them by the virus, the employer, i.e. both the natural person who is at the head of the company and the company itself as legal entity, may be held liable.

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